Van Hollen must be authorized by either chamber of the Legislature or the governor to proceed with a lawsuit, and Kapanke said moving Senate Resolution 11 forward would "preserve our state's autonomy and what goes on within our borders."

Sen. Bob Jauch, D-Poplar, characterized other state attorney generals' lawsuits over the bill as "phony" and "demagogic," while Sen. Jon Erpenbach, D-Waunakee, said the state would have to abide by the results of other states' suits regardless of whether Van Hollen joins.

"It would be a complete waste of time," Erpenbach said. "It would be an even bigger waste of money."

The Senate is now adjourned. Majority Leader Russ Decker, D-Weston, said he expects the body to reconvene Thursday at 11 a.m.